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David Stewart
David Stewart, Lawyer
Category: Real Estate Law
Satisfied Customers: 247
Experience:  Highly experienced attorney in Real Estate law
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My HOA has a list of pool rules, mostly unreasonable ones,

Customer Question

Hello, my HOA has a list of pool rules, mostly unreasonable ones, and the results are most neighbors do not follow, for example, drinking alcohol. I have 2 small dogs and I take them to sit with me by the pool when there is no one or a small group of friends. The HOA is saying I am violating the pet rules. Can they enforce that rule while not enforcing all other 7 or 8 pool rules?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: I got a letter informing me about the 'violation'
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  David Stewart replied 5 months ago.

Hello - my name is ***** ***** I am going to assist you today. HOA rules are oftentimes unreasonable and impractical and enforced only when it assists the ones in charge. It is a very unfortunate situation when they are enforced unfairly in situations such as yours appears to be. The HOA has a right to enforce the rules against you and not against others, but to address the situation I would suggest you turn in a violation notice as to the others violating the rules and state that when they enforce the rules against them you will comply with pet rules. I am afraid, however, that if they want to enforce the rules as to you that they can do so assuming they can prove you violated the rules and not against others although I would absolutely send them a response pointing out the unfairness of their violation notice to you and that you expect the rules to be enforced consistenly as to everyone or not at all. I hope this helps you and sorry you are having to deal with this in a place that is suppossed to be enjoyed.

Customer: replied 5 months ago.
David, thank you for the reply.
To be clear, is the HOA lawful in applying selective enforcement? Does the law protect them for picking and choosing what to enforce?
Expert:  David Stewart replied 5 months ago.

Yes, unfortunately the law will protect them with selective enforcement. I know it is unfair, but they can get away with doing so under the law and I would definately let them know you do not appreciate it considering your situation. Thanks and I hope this helps! All the best, David

Customer: replied 5 months ago.
Thank you David. I appreciate the advice.
Expert:  David Stewart replied 5 months ago.

My pleasure, if something comes up and you have some additional questions this Q&A will remain open a few days so let me know if you have any follow up questions. Thanks, David

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